Child Custody for Unmarried Parents in Utah

You must establish paternity

Utah law assumes that if a woman is married when she gives birth, the husband is the child’s father. If she’s not married, however, there is no legal presumption of fatherhood. For a summary of what this entails, and of when a DNA test is and isn't required, you may refer to the full article.

At birth, primary custody goes to the mother

In the case of unmarried parents, primary custody will initially default to the mother after the child is born. Until the legal system can determine paternity and a fair plan for the child, the mother has custody.

At birth, primary custody goes to the mother (Part 2)

However, the father has a right to petition the court for access to his child.  He can even push for sole or primary custody. Utah law stipulates that fathers have the same right to children as mothers and requires courts to ignore gender when deciding custody.

At birth, primary custody goes to the mother (Part 3)

If you establish paternity at birth, a father has a right to spend time with his child.  If paternity isn’t confirmed until later, custody and access are based on the man’s suitability and what is in the child’s best interest at that time.

At birth, primary custody goes to the mother (Part 4)

While the law says that gender should not be a deciding factor in custody decisions, it is rare for the courts to award an unmarried father custody instead of the mother. The article linked below mentions a situation that merits revoking primary custody from the mother.

The court system determines a fair plan

After your child is born and you’ve established paternity, the courts will treat the question of custody and support in much the same way as if you were divorcing.  Whether you are a couple or not, the courts will decide what custody, visitation, and support are in your child’s best interest.

The court system determines a fair plan (Part 2)

For specifics on the scope of what the court decides and on whether parents' input are considered, you may refer to the full article linked below.

Click the link below to read the full article